Loading...
HomeMy WebLinkAboutPW CNT 14-02 / Heritage Research CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Mr. John Vogel Date: July 25, 2013 Heritage Research, Ltd. Subject: Executed Agreement N89 W16785 Appleton Avenue Main Street Historical Survey and Menomonee Falls, WI 53051 Evaluation Work • Contract 14-02 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ® Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Copy of Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is a copy of the executed agreement for Main Street historical survey and evaluation work. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office—Copy City Clerk's Office—Original cc: File —Original Signed: Tra y L Taylor' I:1Engineering\2014 CONTRACTS\14-02 N Main St Reconst\CONTRACTS1Historical Contract-Heritage\Heritage LOT-Executed Agreement_7-25-13.docx 144;ry 5-t7 //i yrokiCJ L gvty E1/4*-1AAvoki c o‹ AGREEMENT THIS AGREEMENT, made on the /0T of 4-v1d , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HERITAGE RESEARCH, LTD., N89 W16785 Appleton Avenue, Menomonee Falls, WI 53051, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. The CONSULTANT's Proposal aid-the-Giity-of- are attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: John N. Vogel, Ph.D. -- President & Senior Historian B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this Agreement: Joseph R. Sargent, P.E. —Civil Engineer Senior ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. E\Engineer002014 CONTRACTS114.02 N Main Si ReoonsSHiatoncai Conitact-HeritageWertage Research Agreement Fonn_4•23-13xiocx Page 1 of 4 All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. ARTICLE IV. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this Agreement shall be commenced and the work completed within the time limits as agreed upon in the CITY's Request for Proposal. The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Proposal In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. I:tEngineering\2014 CONTRACTS114.02 N Main St ReconM Hia,orical Contract•HerilapeVietilage Research Agreement Forra_4.23.13.docu Page 2 of 4 ARTICLE VII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $22,208.43 (Twenty-Two Thousand Two Hundred and Eight Dollars and Forty-Three Cents). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this Agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees, or his subcontractors related however remotely to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the CITY shall have the right to terminate this Agreement by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the I1Erpineering12014 CONTRACTS114-02 N Main St Reconst H4slorical Contract-Herilega\Hentage Research Agreement Form 4-23-13,docx Page 3 of 4 termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In t Presence of: CONSULTA. T B ' `' 1 , -) ) 1 . . IV�►. L. 1'�Z�Q EL y C 41 OP 1 ` (Seal of Consultant (Specify Title) if a Corporation.) 4i0t-� 20 t3 By: (Specify Title) ` CITY OF OSHKOSH / 1 /4/ /ert t By: ---- nes ) M k A. Rohloff, City Manager /((,j/ And: �' i & & . �� ( -D Witness) Pamela R. Ubrig, City C erk APPROVED: I hereby certify that the necessary provisions I have been made to pay the liability which 1 �i L�n�� which will accrue under this Agreement. 1I I AL ity Attor P,,,- yea.4ry3 City C 1:4Engineenng12014 C©NTRACT8114O72 N Mein St Reconetwiitortcsl Centred.Hentageweritage Re*sarch Agreement Form 4-23-13.docx Page 4 of 4 HERITAGE RESEARCH , LTD. 18 April 2013 Mr. Joseph R. Sargent, P.E. Engineering Department City of Oshkosh 215 Church Street P.O. Box 1130 Oshkosh, WI 54903-1130 RE: WisDOT#4994-01-14/15 N. Main Street New York Avenue to Murdock Avenue City of Oshkosh Winnebago County Dear Mr. Sargent, This letter,which is being sent to you after consultation with Mr.Mike Simon(the McMahon Group),constitutes HRL's proposal for completing the historical survey and evaluation work that may be required for the captioned project. This work will consist of a historic resources survey,as well as documentary research. The survey is designed to analyze and identify the specific Area of Potential Effect (APE), in addition to how many, if any,potentially significant resources exist in it. Once the types of resources extant have been noted, documentary research creates a context in which those resources can be evaluated and preliminary judgements made about which ones may need Determinations of Eligibility (DOES) prepared. Survey results are typically reported on WisDOT's Architecture/History Form DT 1446 4/2008 and its accompanying worksheets. Prior to preparing this proposal,we reviewed the files in the Wisconsin Historical Society's database. We also drove the project length, as well as reviewed additional documentation. We are aware of the North Main Street Bungalow Historic District. We are also aware that there are likely 8 to 11 additional properties in the project area, not in the Historic District, that will need to be surveyed or resurveyed. Accordingly, HRL proposes to complete the survey for a fee based on actual time and expenses and that will not exceed of$7,359.51,a breakdown of which is provided in Attachment A/Page 3 of this communication. If additional properties need to be surveyed,they will all be considered extra work and require a contract amendment. HISTORICAL/ ENVIRONMENTAL CONSULTANTS N89 W10785 APPLETON AVENUE MENOMONEE FALLS,WI 53051 PHONE(262)251-7792 FAX(262)251-3778 E-MAIL jnvogelLhrIld.orq Mr. Joseph R. Sargent, P.E. 18 April 2013 Page 2 We also believe it is likely that one DOE will be needed for the historic Winnebago County Home for the Retarded,built in 1902 and located at 1628 N.Main Street. That DOE will be completed for a fee based on actual time and expenses and that will not exceed $3,210.43. A breakdown of this fee is included in Attachment B/Page 4. Any additional DOEs that may be needed will require a contract amendment. Predicated on the existence of the North Main Street Bungalow Historic District in the project area, we know that an Assessment of Effects (AOE) document will be needed— whether any other Register eligible properties are found or not. We will presently assume that the AOE document needed will be a Determination of No Adverse Effect (DONAE). Among other things, that document will require contacting and discussing the project with all 23 property owners in the District, in addition to any local historical societies or preservation groups, among others. We recently completed a document for a project in the City of Green Bay that required contacting conversing with about 18 folks and property owners. Thus do we propose to complete this DONAE for a fee based on actual time and expenses and that will not exceed$11,638.49.This fee is based on actual time and expenses and explained in Attachment C/Page 5 of this letter. While the fee is predicated only on the houses located the Historic District, assuming that no more than one additional property is found eligible for the Register and included in the document, the fee will not change. The inclusion of any additional properties,however,will require a contract amendment,as would the need to revise the document into a Determination of Adverse Effect and prepare an accompanying Memorandum of Agreement. Given the three anticipated tasks at hand, the fee for this work will not exceed $22,208.43 ($7,359.51 [survey] + $3,210.43 [DOE] +$11,638.49 [AOE] =$22,208.43). It is a pleasure submitting this proposal to you. Please do not hesitate to call me with any questions. Yours truly, Dr. John N. Vogel attachment Mr. Joseph R. Sargent,P.E. 18 April 2013 Page 3 Attachment A Historical Reconnaissance Survey FEE COMPUTATION SUMMARY N. Main Street New York Avenue to Murdoch Avenue City of Oshkosh Winnebago County WisDOT ID #4994-01-14/15 1. Direct Labor Cost Sr. Historian 012 hours x$42.50/hr 510.00 Sr, Architectural Historian 010 hours x$28.75/hr 287.50 Project Historian I 100 hours x$24.75/hr 2,475.00 3,272.50 2. Direct, General & Administrative Overhead $3,272.50 x .98 3,207.05 Subtotal (lines 1 & 2) 6,479.55 3. Fee (Profit) 08% of Direct Costs/Overhead 518.36 4. Direct Charges (Reimbursables) Miscellaneous Mileage(640 miles @ .565/mile) 361.60 5. Fee Proposed $1,359.51 • Mr. Joseph R. Sargent, P.E. 18 April 2013 Page 4 Attachment B Determination of Eligibility FEE COMPUTATION SUMMARY N. Main Street New York Avenue to Murdoch Avenue City of Oshkosh Winnebago County WisDOT ID #4994-01-14/15 1. Direct Labor Cost Project Historian 052 hours x$24.75/hr 1,287.00 Project Architectural Historian 004 hours x$28.75/hr 115.00 1,402.00 2. Direct, General & Administrative Overhead $1,402.00 x .98 1,373.96 Subtotal (lines 1 & 2) 2,775.96 3. Fee (Profit) 08% of Direct Costs/Overhead 222.07 4. Direct Charges (Reimbursables) Miscellaneous Mileage(360 miles @ .565/mile) 203.40 5. Fee Proposed $3,2 Mr. Joseph R. Sargent, P.E. 18 April 2013 Page 5 Attachment C Determination of No Adverse Effect FEE COMPUTATION SUMMARY N. Main Street New York Avenue to Murdoch Avenue City of Oshkosh Winnebago County WisDOT ID #4994-01-14/15 1. Direct Labor Cost Sr. Architectural Historian 120 hours x$42.50/hr $5,100.00 Project Historian I 010 hours x$24.75/hr 247.50 5,347.50 2. Direct, General & Administrative Overhead $5,347.50 x .98 5.240.55 Subtotal(lines 1 & 2) 10,588.05 3. Fee (Profit) 08% of Direct Costs/Overhead 847.04 4. Direct Charges (Reimbursables) Miscellaneous Mileage (360miles @ .565/mile) 203.40 5. Fee Proposed $11466318.49 12121/14 4, WORKERS COMPENSATION AND EMPLOYERS LIABILITY—"If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A, Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: finst, c,/wis (1) $100,000 Each Accident (2) $600,000 Disease Policy Limit aAjj (3) $100,000 Disease—Each Employee 6. 0 :• A LIABIL! I • If exposure exists, provide coverage at least as br•-• = underlying Com - : _ -Feral Liability, Watercraft L :• .• _• , •u omobile Liability and Employers Liabiiit , o .2,000,000 each occurrence and $2,000,000 a•• = - - • : max mum self-insured retention • • ! s a l 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - insurance Is to be placed with Insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin, B. Additional Insured Reaulrements •- The following must be named as additional insureds on the General Liability and Business Automobile Liability coverage arising out of project work...City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional Insured coverage must Include Products — Completed Operations equivalent to ISO form CO 20 37 for a minimum of 2 years after acceptance of the work, This does not apply to Professional Liability, Workers Compensation and Employers Liability. C, Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. 111 - 2 OP ID: EB AC!!: RO° DATE(MWDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/17/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 262-377-2000 CONTACT Koehler Insurance Agency,Inc. PHONE FAX W62 N582 Washington Ave. 262-377-5571 IA/C.No,Eat): (A/C,No): PO Box 7 E-MAIL Cedarbur WI 53012-0007 ADDRESS: PRODUCER Chad Koehler CUSTOMER ID#:HERIRE1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED Heritage Research Ltd.& INSURER A:Selective Insurance Co. 39926 John Vogel INSURER B:Cinci Specialty Underwriters N89 W16785 Appleton Avenue Menomonee Falls,WI 53051 INSURER C:Acuity Insurance Company 14184 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IANSRL SUBR POLICY NUMBER (MM DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 A X Businessowners S1905725 07/15/12 07/15/13 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 7 POLICY n .PIECT n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS - BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS S1905725 07/15/12 07/15/13 (Per accident) $ A X NON-OWNED AUTOS $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ • EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY X TORY LIMITS ER Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE N/A F54551 07/15/12 07/15/13 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Professional Liab CS00019800 07/15/12 07/15/13 $1500 Ded 1,000,000 CLAIMS MADE-RETRO 7/15/89 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Oshkosh,its officers,council members,agents,employees and authorized volunteers are named as Additional Insureds on the General Liability Policy shown above per form BP 7195 0410. Copy emailed to: jsargent @ci.oshkosh.wi.us&to Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Public Works Joseph R.Sargent-Civil Eng Sr AUTHORIZED REPRESENTATIVE Chad Koehler P.O. Box 1130 !Oshkosh,WI 54903-1130 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD